Whether you are an employee facing an unfair performance review, or an employer needing to manage underperformance legally, our specialist SRA-regulated solicitors are here to provide clear, robust advice to protect your rights and interests.
Performance management is a sensitive process, whether you are an employee feeling unfairly targeted or an employer needing to follow a legally compliant procedure. Please select your position below.
Challenging performance reviews that are based on unfair, subjective, or discriminatory criteria.
Expert legal advice if you've been placed on an unfair or unachievable PIP, often a sign of being 'managed out'.
Guidance if you have been forced to resign or have been dismissed following a flawed capability process.
Contact us for a confidential callback to discuss your performance management issue.
Drafting and implementing legally robust performance management and capability procedures.
Advising on how to set clear, objective, and measurable targets to avoid claims of unfairness or discrimination.
Providing robust legal representation to defend your business against claims of unfair dismissal or discrimination.
Request a callback to protect your business from performance-related disputes.
The Situation: A long-serving employee with a good record was put on a Performance Improvement Plan (PIP) by a new manager and was eventually dismissed for alleged poor performance.
The Problem: The Employment Tribunal found that the performance targets set by the new manager were subjective, unfair, and designed to be unachievable. The PIP process was judged to be a sham, designed to "manage out" the employee rather than genuinely support him.
The Outcome: The Tribunal ruled that the dismissal was unfair. The employer had failed to follow a fair and reasonable capability procedure, and the reasons for the dismissal were not genuine.
What this means for you: This case shows that a PIP must be fair, with objective and achievable targets. If you believe a PIP is being used to unfairly dismiss you, our solicitors can advise you on your rights and help you build a case for unfair dismissal.
You have the right to a fair process. The targets set must be reasonable, objective, and achievable. You should be given adequate time and support to improve. If you feel the PIP is unfair or is being used to push you out, you can raise a formal grievance and should seek legal advice immediately.
Yes, but your employer must follow a fair and reasonable capability procedure first. This usually involves giving you clear warnings, setting achievable targets, and providing support over a reasonable period. A dismissal without a proper procedure is likely to be an unfair dismissal.
If you believe that your performance is being unfairly criticised because of a protected characteristic (such as your age, sex, race, or a disability), then this could be unlawful discrimination. It is vital to get legal advice, as you may have a separate claim in the Employment Tribunal.
The process should begin with informal discussions to raise concerns. If there is no improvement, you should move to a formal capability procedure. This must be clearly documented, with written warnings and minutes of meetings. Our solicitors can provide you with a legally compliant procedure to follow.
There is no fixed legal timescale, but it must be a "reasonable" period. This depends on the role and the nature of the improvements required. Typically, a PIP will last anywhere from 4 to 12 weeks, with regular review meetings throughout. We can advise on what is appropriate for your situation.
This is a crucial legal distinction. 'Capability' relates to an employee's ability to do their job (a 'can't do' problem). 'Conduct' relates to their behaviour, such as misconduct or negligence (a 'won't do' problem). They require different internal procedures. We can advise you on the correct path to take.
Whatever your situation, our expert employment law solicitors are here to provide clear, professional guidance to protect your rights and interests.
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Wildings Solicitors are authorised and regulated by the Solicitors Regulation Authority (no. 552128). Wildings Solicitors is a trading name of Wildings Solicitors LLP, a limited liability partnership registered in England and Wales. Registration Number OC360274 registered office 862-864 Washwood Heath Road, Ward End, Birmingham, B8 2NG. A list of Directors is available from the registered offices. We do not accept service by email.
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